Workers' Compensation When You Work For A Franchise

On behalf of Howard Skolnick of The Skolnick Weiser Law Firm, LLC posted in Workers' Compensation on Wednesday, September 28, 2016.

When looking for a job, few likely take into consideration whether they are applying to work for a franchise. While this is understandable, the reality is it could have a bearing on the benefits available to a worker. One area in which could be the case is where workers' compensation benefits are concerned.

Who Carries the Worker's Comp Insurance For Franchises?

Generally, businesses that employ others are required to carry workers' compensation insurance for their employees. Franchise owners are largely considered to be independent contractors of the corporation that they have invested in. Accordingly, they should take on the responsibility of workers' compensation insurance in order to properly cover their employees when they are injured in the workplace. In some cases, however, franchise owners fail to keep up on their insurance obligations, or may not fully understand their responsibility. In either case, if an employee is injured they need to be covered by someone.

Making Contracts Clear

Workers' compensation cases can often get confusing because neither the parent business or the franchisee have forged clear expectations of what to do if a person is injured on the job. If a franchiser is not careful, it may be inadvertently classified as an employer to its franchisee as well as any employees it may have hired. When this happens, securing workers' compensation benefits may be more complicated for an injured employee.

If You're Hurt

If you get hurt while working for a franchise, it is the franchise that should take an initial look at your case. Regardless of who might actually be charged with paying a worker's compensation claim, it is important that anyone who is injured at work be diligent about recording as many details about their injury as possible. Some people who are hurt at a franchise may start to feel they are getting the run around when it comes to having their claim paid. This is one instance where talking to a worker's compensation lawyer can come in handy. A lawyer can review not only the conditions under which you were injured, but also the franchise agreement in order to get a clear picture of who is responsible for your injuries and determine the best strategy in pursuing your claim.

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